May 25, 2023
Twenty five years ago, North Carolina adopted graduated licensing for young drivers, a system founded on the principle that “[s]afe driving requires instruction in driving and experience.” G.S. 20-11(a). The […]
February 13, 2023
Last week, in Part I of this series, I discussed whether having a drug dog sniff a vehicle is a search if the drug dog might alert upon smelling hemp, […]
December 5, 2022
Shea posted here about a 2019 opinion from the Sixth Circuit holding that chalking tires for purposes of parking enforcement was a Fourth Amendment search and rejecting at least some […]
November 11, 2022
The North Carolina Supreme Court held last week in State v. Diaz-Tomas, ___ N.C. ___, 2022-NCSC-115 (November 4, 2022), that neither a criminal defendant nor the court has the right […]
November 7, 2022
In State v. Parker, __ N.C. App. __, __ S.E.2d __, 2022 WL 4850255 (Oct. 4, 2022), the Court of Appeals considered the warrantless search of a vehicle that took […]
October 5, 2022
When a person is convicted of driving while impaired under G.S. 20-138.1, the person’s license is revoked for one year. G.S. 20-17(a)(2); G.S. 20-19(c1). (A person who has one or […]
September 19, 2022
Suppose an officer conducts a traffic stop. During the stop, the officer gets a hunch that the driver may have drugs in the car. Can the officer ask the driver […]
August 31, 2022
Earlier this year, the North Carolina Court of Appeals in Edwards v. Jessup, 282 N.C. App. 213 (2022), considered whether a license revocation hearing in which a hearing officer employed […]
August 11, 2022
To prove impaired driving, the State must establish that the defendant drove a vehicle while impaired. A person drives when he or she is “actual physical control of a vehicle […]
July 28, 2022
Last week, Jamie blogged about the 2021 Structured Sentencing Statistical Report from the North Carolina Sentencing and Policy Advisory Commission. As Jamie noted, that report contains detailed information related to […]